Employees' Compensation Commission.
ART. 174. Employees' Compensation Commission. —
(a) To initiate, rationalize and coordinate the policies of the
employees' compensation program, the Employees' Compensation Commission
is hereby created to be composed of four ex-officio members: the
Secretary of Labor as Chairman, the GSIS Manager, the SSS Administrator,
the Chairman of the Philippine Medical Care Commission; and two
appointive members, one of whom shall represent the employees and the
other, the employers, to be appointed by the President of the
Philippines for a term of six years. The appointive member shall have at
least five years experience in workmen's compensation or social
security programs. All vacancies shall be filled for the unexpired term
only.
The Vice-Chairman of the Commission shall be alternated each year
between the GSIS General Manager and the SSS Administrator. The
presence of four members shall constitute a quorum. Meetings shall be
held as often as necessary. Each member shall receive a per diem of one
hundred pesos for every meeting actually attended by him exclusive of
actual, ordinary and necessary travel and representation expenses. In
his absence, any member may designate an official of the institution he
serves on full-time basis as his representative to act on his behalf.
The general conduct of the operations and management functions of
the GSIS or SSS under this Title shall be vested in its respective
chief executive officer, who shall be immediately responsible for
carrying out the policies of the Commission.
Powers and duties.
ART. 175. Powers and duties. — The Commission shall
have the following powers and duties:
To assess and fix a rate of contribution from all employers.
To determine the rate of contribution payable by an employer
whose records show a high frequency of work accidents or occupational
diseases due to failure by the said employer to observe adequate safety
measures.
To approve rules and regulations governing the processing of
claims and the settlement of disputes arising therefrom as prescribed by
the System.
To initiate policies and programs towards adequate occupational
health and safety and accident prevention in the working environment.
To make the necessary actuarial studies and calculations
concerning the grant of constant help and income benefits for permanent
disability or death, and the rationalization of the benefits for
permanent disability and death under this Title with benefits payable by
the System for similar contingencies.
To appoint the personnel of its staff, subject to civil service
law and rules.
To adopt annually a budget of expenditures of the Commission and
its staff chargeable against the State Insurance Fund.
To have the power to administer oath and affirmation, and to
issue subpoena and subpoena duces tecum in connection with any question
or issue arising from appealed cases under this Title.
To sue and be sued in court.
To perform such other acts as it may deem appropriate for the
attainment of the purposes of the Commission and proper enforcement of
the provisions of this Title.
Management of funds.
ART. 176. Management of funds. — All revenues
collected by the System under this Title shall be deposited, invested,
administered and disburse in the same manner and under the same
conditions, requirements and safeguards as provided by Republic Act
numbered one hundred sixty-one, as amended, and Commonwealth Act
numbered one hundred eighty-six, as amended, with regard to such other
funds as are thereunder being paid to or collected by the SSS and GSIS,
respectively: Provided, That the Commission, SSS and GSIS may
disburse each year not more than twelve per cent of the contributions
and investment earnings collected for operational expenses, including
occupational health and safety programs, incidental to the carry out of
this Title.
Investment of funds.
ART. 177. Investment of funds. — All revenues as
are not needed to meet current operational expenses under this Title
shall be accumulated in a fund to be known as the State Insurance Fund,
which shall be used exclusively for the payment of the benefits under
this Title, and no amount thereof shall be used for any other purpose.
AK amounts accruing to the State Insurance Fund, which is hereby
established in the SSS and GSIS, respectively, shall be deposited with
any authorized depository banks approved by the Commission, or invested
with due and prudent regard for the liquidity needs of the System.
Settlement of claims.
ART. 178. Settlement of claims. — The System shall
have original and exclusive jurisdiction to settle any dispute arising
from this Title with respect to coverage, entitlement to benefits,
collection and payment of contributions and penalties thereon, or any
other matter related thereto, subject to appeal to the Commission, which
shall decide appealed cases within twenty working days from the
submission of the evidence.
Review.
ART. 179. Review. — Decisions, orders or
resolutions of the Commission may be reviewed on certiorari by the
Supreme Court only on questions of law upon petition of an aggrieved
party within ten days from notice thereof.
Enforcement of decisions.
ART 180. Enforcement of decisions. — (a) Any
decision, order or resolution of the Commission shall become final and
executory if no appeal is taken therefrom within ten days from notice
thereof. All awards granted by the Commission in cases appealed from
decisions of the System shall be effected within fifteen days from
receipt of notice.
In all other cases, decisions, orders and resolutions of the
Commission which have become final and executory shall be enforced and
executed in the same manner as decisions of the Court of First Instance,
and the Commission shall have the power to issue to the city or
provincial sheriff or to the sheriff whom it may appoint such writs of
execution as may be necessary for the enforcement of such decisions,
orders or resolutions, and any person who shall fail or refuse to comply
therewith shall, upon application by the Commission, be punished by the
proper court for contempt.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
